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RESOLUTION DECLARING THE ACQUISITION OF THE DESIGNATED PROPERTY KNOWN AS PARCEL 1 FOR THE ROAD WIDENING, BEAUTIFICATION, AND RIGHT-OF-WAY IMPROVEMENTS TO SW 268 STREET FROM US-1 TO SW 139 AVENUE TO BE A PUBLIC NECESSITY; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE AND THE COUNTY ATTORNEY TO TAKE ANY AND ALL APPROPRIATE ACTIONS TO ACCOMPLISH ACQUISITION OF THE SUBJECT PROPERTY IN FEE SIMPLE, BY NEGOTIATION, DONATION, RIGHT-OF-WAY DESIGNATION, OR PURCHASE AT VALUES ESTABLISHED BY APPRAISALS OR TAX ASSESSED VALUES, WHICHEVER IS THE HIGHER OF THE TWO, TOGETHER WITH REASONABLE ATTORNEYS� FEES AND COSTS PURSUANT TO SECTIONS 73.091 AND 73.092, FLORIDA STATUTES, OR BY EMINENT DOMAIN COURT PROCEEDINGS INCLUDING DECLARATIONS OF TAKING, AS NECESSARY; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO MAKE AN ADDITIONAL INCENTIVE OFFER TO PURCHASE PARCEL 1 IN A TOTAL AMOUNT NOT TO EXCEED 15 PERCENT OVER THE GREATER OF THE APPRAISED VALUE OR TAX ASSESSED VALUE OF PARCEL 1

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying County Mayor�s memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, this Board finds and declares the acquisition in fee simple of the property known as Parcel 1 as legally described in Exhibit �A� and shown on the project location map in Exhibit �B� attached hereto and made a part hereof, for the public purpose of constructing road improvements to SW 268 Street from US-1 to SW 139 Avenue, to be required and necessary to accomplish such improvements; and


WHEREAS, Miami-Dade County is authorized under the Constitution and Laws of Florida, including Chapters 73, 74, 125, 127 and 341, Florida Statutes, and Sections 1.01 (A) (1),
(2) and (21), of the Home Rule Charter of Miami-Dade County, to acquire said property by eminent domain proceedings,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. This Board ratifies and adopts these matters set forth in the foregoing recitals.

Section 2. This Board finds and declares that the acquisition of the subject parcel, as legally described in Exhibit �A� attached hereto and incorporated herein by reference, is needed for the public purpose of constructing improvements to SW 268 Street from US-1 to SW 139 Avenue.

Section 3. This Board authorizes and directs the County Mayor or County Mayor�s designee and County Attorney to employ appraisers and expert witnesses; obtain environmental audits; and take any and all appropriate actions to acquire the subject parcel, as legally described in Exhibit �A� in fee simple; and provide compensation to all interested parties for such acquisition including any business thereon, either by negotiation, donation, right-of-way designation, or by purchase at value established by appraisals or tax assessed value, whichever is the higher of the two, together with reasonable attorney�s fees and costs pursuant to sections 73.091 and 73.092, Florida Statutes, or eminent domain court proceedings including a declaration of taking as necessary for and on behalf of Miami-Dade County. To potentially reduce project time and to avoid the expense of litigation, the County Mayor or County Mayor�s designee is further authorized to issue an incentive offer to purchase Parcel 1, in a total amount not to exceed 15 percent over the greater of the appraised value or tax assessed of Parcel 1.
Section 4. Pursuant to Resolution R-974-09, this Board directs the County Mayor or County Mayor�s designee to record the instruments of conveyances accepted herein in the Public Records of Miami-Dade County, Florida and provide a recorded copy of the instrument to the Clerk of the Board within 30 days of execution of said instrument; and directs the Clerk of the Board to attach and permanently store a recorded copy of said instruments together with this resolution.

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Date:
To: Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

From: Daniella Levine Cava,
Mayor

Subject: Resolution Declaring the Acquisition of the Designated Property Known as Parcel 1 to be a Public Necessity for the Project Entitled Improvements to SW 268 Street from US-1 to SW 139 Avenue

STAFF RECOMMENDATION
Executive Summary
The purpose of this item is for the Board of County Commissioners (Board) to grant approval for the County Mayor or the County Mayor�s designee to acquire certain right-of-way necessary for the SW 268 Street Improvement Project located on SW 268 Street between US-1 and SW 139 Avenue. The project consists of reconstructing and widening SW 268 Street. Moreover, the project�s scope includes several infrastructure improvements such as sidewalks, curbs and gutters, continuous stormwater drainage system, pavement markings and signage, signalization, lighting, new bicycle facilities and Water and Sewer Department (WASD) utility improvements.

Recommendation
It is recommended that the Board approve the attached resolution declaring the acquisition of Parcel 1 to be a public necessity for the road widening, beautification, and right-of-way improvements to SW 268 Street from US-1 to SW 139 Avenue. The resolution authorizes the County Mayor or the County Mayor�s designee and the County Attorney to employ appraisers and expert witnesses; to obtain environmental audits; and to take any and all appropriate actions to acquire the subject parcel in fee simple, either by negotiation, donation, right-of-way designation, or by purchase at values established by appraisals or tax assessed values, whichever is higher of the two. The resolution also authorizes the County Mayor or the County Mayor�s designee to make an additional incentive offer for a total amount not to exceed 15 percent over the appraised value, together with reasonable attorney fees and costs, pursuant to Sections 73.091 and 73.092 of the Florida Statutes, or by eminent domain court proceedings, including a declaration of taking as necessary for and on behalf of Miami-Dade County.

Scope
The impact of this project is countywide; however, it is located within District 9, which is represented by Vice Chairman Kionne McGhee.

Fiscal Impact/Funding Source
The funding required for the design, construction, Construction Engineering & Inspection (CEI), and right-of-way acquisition of this project is estimated at $12,739,000 and will be funded through the following source:


Program County Budget Funding Source(s)
ROAD WIDENING COUNTYWIDE 2000000540 FY25-26 Adopted Budget & Multi-Year Capital Plan, Volume 2, Page 158 MOBILITY IMPACT FEES



Upon completion of the project, the annual maintenance and operational costs of the project will be approximately $5,764.99, which will be funded by the Department of Transportation and Public Works�s (DTPW) General Fund allocation.

Track Record / Monitor
DTPW is the entity overseeing this item and the person responsible for monitoring the project is Javier M. Bustamante, Assistant Director, Transit Project Management & Support Services.

Delegated Authority
The resolution delegates authority to the County Mayor or the County Mayor�s designee and the County Attorney to take any and all appropriate actions to acquire the subject parcel in fee simple and to record the instruments of conveyances accepted herein in the Public Records of Miami-Dade County. The County Mayor�s designee is further authorized to issue an incentive offer to purchase Parcel 1 in a total amount not to exceed 15 percent over the appraised value of Parcel 1.

Background
The SW 268 Street Improvement Project consists of road reconstruction, widening, milling and resurfacing, new drainage, new curb and gutter, new sidewalks, signalization improvements, new pavement markings and signage, new lighting, new bicycle facilities and WASD utility improvements.

The area to be acquired by DTPW for the street improvements is legally described in Exhibit �A� and illustrated in the parcel location map set forth in Exhibit �B�, both of which are attached to the resolution. These improvements will improve traffic mobility and improve drainage along SW 268 Street from US-1 to SW 139 Avenue.

In order to reduce project time and cost, and to avoid the expense of potential litigation, it is recommended that the County Mayor or the County Mayor�s designee be granted authorization to issue an incentive offer added to the initial offer to purchase Parcel 1. The total amount of the initial offer plus the incentive offer shall be no more than 15 percent over the appraised value of Parcel 1.



___________________________
Jimmy Morales
Chief Operating Officer